Mr S Mckechan v Wellies of Wellswood Limited — 2020

This was a remedy judgment in Mr S Mckechan’s unfair dismissal claim against Wellies of Wellswood Limited. The tribunal made no order for reinstatement or re-engagement and ordered the respondent to pay unfair dismissal compensation totalling £7,677.46.

The basic award was calculated on the basis of gross weekly pay of £576.92, capped at £525, and two complete years’ service. The tribunal recorded that the claimant was aged 41 or over for one year of that service and under 41 for the other, producing a basic award of £1,312.50.

The compensatory award was calculated from net weekly pay of £446.31 for 14 weeks, less earnings in that period of £3,086.37, plus £250 for loss of statutory rights. The tribunal then applied a 25% increase for failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and added four weeks’ pay, at the capped weekly rate of £525, under section 38 of the Employment Act 2002 because the respondent had failed to provide particulars of employment under section 1 of the Employment Rights Act 1996 before the proceedings began. The tribunal noted that the recoupment regulations did not apply.